In a perfect world, every employee of any job would be covered by Workers’ Compensation. In reality, while many employees have Workers’ Compensation available to them, there are workers that are not covered. If you do not know, Workers’ Compensation covers important benefits to injured workers. This can include medical coverage and a portion of lost wages. If you end up injured while at work, it is important to understand your rights as it pertains to Workers’ Compensation and what you will have to do in order to obtain compensation. Even those not covered by Workers’ Compensation still have options available.
If Covered, You Cannot Sue
Those employees that are covered by Workers’ Compensation are not able to sue their employer for injuries or illnesses that are caused by work activities. Your only option is to file a Workers’ Compensation claim. Once approved, you will then receive medical treatment, partial wage loss benefits, and other financial assistance. As long as your injury happened at work or happened as a result of work activities, you should receive benefits relatively quickly.
For those not covered by Workers’ Compensation, you have the option to file a personal injury lawsuit against your employer. You will be able to seek a larger range of damages, like the full amount of any lost wages and even compensation for your pain and suffering. It is important to note that you must be able to prove that your company’s actions were the direct cause of your injuries. Any actions on your part that contributed to your injury could mean a reduction in your compensation.
When it comes down to eligibility for Workers’ Compensation, any employee of a covered employer is eligible for Workers’ Compensation benefits. Keep in mind that just because you are working on a job site does not mean you are automatically covered.
Independent contractors and freelance workers are examples of those that work for an employer, but are not covered by Workers’ Compensation laws. If you have been injured on the job and are looking into Workers’ Compensation, you need the assistance of an experienced lawyer.
Workers’ Comp Lawyers in New Jersey
In New Jersey, the place to go is the law firm of McHugh & Imbornone, P.A. in Morris County. Their attorneys are well-versed in the state’s Workers’ Compensation laws and what it takes to get you the compensation you deserve. For those of you not covered by Workers’ Compensation, the New Jersey law firm also handles personal injury lawsuits and claims. All you have to do is fill out the online contact form today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.